Chap. 402.—An ACT to protect sheep and other stock in the counties of this State.
Approved March 29, 1902.

1. Be it enacted by the general assembly of Virginia, That it shall be
the duty of the commissioners of the revenue in the counties of this State
to take annually, at the time of listing the taxable property therein, a
list of all dogs over three months old, showing whether male or female,
with the name of the owner or person in whose possession the same is
found, upon the oath or affirmation of the owner or housekeeper, or head
of the family, with whom, or on whose lot or plantation, any dog or dogs
may be found, as to the number of dogs such person may own or have,
or as may be on his lot, plantation, or premises, whether owned by him
(or her) or not, and shall return such list of dogs to the clerk’s office of
their respective counties at the time when they return their lists of tax-
able property, under the like fines, penalties, and forfeitures as are now
incurred by them for neglect of similar duties under existing laws as to
their duties in listing and returning taxable property.

2. That in every case where the owner of the dog fails to pay by the
first day of July mext succeeding the return of said lists the license tax
provided for in the third section of this act, it shall be the duty of the
constable of the district in which said delinquent resides to kill said dog,
for which he shall receive a fee of fifty cents out of the funds hereinafter
provided, and to that end the said constable shall obtain annually during
the month of July from the county treasurer a list of all delinquents
under this act in his district, and shall, within thirty days after receiving
such list, kill said dogs, unless the tdx on them, together with a fee of
twenty-five cents, to said constable is forthwith paid, and on his failure
so to do, when practicable, he shall pay a fine of five dollars for each dog
he so fails to kill. The constable shall at the expiration of the thirty
days account to the treasurer of his county for all taxes collected by him
under this section.

3. That when said commissioners of the revenue shall have ascertained
the number of dogs, they shall assess a license tax of fifty cents per head
on all male dogs and all spayed female dogs, and one dollar per head on
all unspayed female dogs, and the said sums so assessed shall be collected
and accounted for by the county treasurer as county levies are by law
directed to be collected and accounted for, and the treasurer shall keep a
separate account of the fund arising from said tax. The said fund shall
be, and the same is hereby, appropriated for remunerating the inhabi-
tants of said counties for any loss they may sustain from dogs killing or
crippling their sheep, lambs, or any other stock, and for paying for the
expenses necessary to carry this act into effect; and any balance reiain-
ing on hand for any year shall be appropriated to the county school fund
of public schools, or to the public road fund, as the board of supervisors
may determine, to be used in accordance with the laws governing the dis-
position of such funds.

4. If it be found that the fund arising from this act for any year shall
be insufficient to pay expenses incident to execution of this law, and then
to pay the whole amount of damages inflicted by dogs on the owners of
sheep, lambs, or other stock property in any of said counties, each sufferer
shall be paid out of said fund in proportion to the loss sustained.

5. That it shall be the duty of any justice of the peace in said counties,
on the application of the owner of sheep, lambs, or other stock, or his
agent, which have been killed or wounded by dogs (not his own), after
the passage of this act, to issue a summons to three discreet persons, who
are qualified voters (two of whom may act), who, being legally sworn,
shall go forthwith on the premises where such sheep, lambs, or other
stock may be and examine into the facts and justice of the claim, and ap-
praise the amount of damages sustained by the owner; such damages not
to exceed the assessed value of said sheep, lambs, or other stock, and when
said sheep or other stock were not in possession of said owner at the time
of assessment, the damage shall be the assessed value of sheep, lambs, or
other stock of like grade and quality in the community. Where such
sheep, lambs, or stock are killed or crippled, said appraisers shall return
an accurate statement under their hands to a justice, who, if it appears
that such sheep or other stock were killed or crippled by dogs not belonging
to the owner of said sheep or other stock, shall approve the said return
by endorsing the same, and shall forward all the papers to the clerk of
his respective county, who shall receive the same and present them to the
board of supervisors at their next meeting: provided, however, that the
summons, appraisement, and other proceedings before the justice of the
peace, required by this section, may be dispensed with in all cases where
the owner of such sheep, lambs, or other stock, or his agent, shall produce
before the board of supervisors proof satisfactory to them of the amount
of his damage and his right to the benefit of this act, and upon such proof
the board of supervisors shall enter on their book an allowance of said
damages.

6. All payments made by the treasurer out of funds created by this act
shall be on the order of the board of supervisors, certified by the clerk of
said board.

?. The treasurer shall annually, at the yearly meeting of the board of
supervisors, make a statement to said board of his receipts and disburse-
ments of this fund, and said board shall then order the payment of the
damages allowed by them, or such part thereof as they may be able to pay
out of said fund, and all payments out of said fund shall be made within
sixty days after said yearly meeting; at the expiration of said sixty days
the said treasurers shall make a final settlement of this fund with the
said board of supervisors, and said settlement shall be recorded by the
clerk of the county. ;

8. The fees of officers emploved in the execution of this act shall be
similar to those received for like service, and when none are prescribed by
law, the board of supervisors shall make such compensation as they may
deem right, all of which shall be paid out of such fund.

9. This act shall not affect sections four hundred and ninety-nine, five
hundred, twenty-one hundred and ninety-two, twenty-one hundred and
ninety-three. twenty-two hundred and three, and thirty-seven hundred
und cleven of the Code of eighteen hundred and eighty-seven.

10. All dogs in this State which have been assessed with a license tax
pursuant to this act, and upon which the said license is not delinquent,
shall be deemed personal property, and may be the subject of larceny and
malicious or unlawful trespass.
11. All acts or parts of acts in conflict herewith are hereby repealed.
12. Provided, however, the provisions of this act shall not apply to any
incorporated city or town of this State now or hereafter having a mu-
nicipal dog tax law, or to any county now having a special dog tax law.
13. This act shall be in force from its passage.